By Staff Reporter
A HARARE property developer, Sunshine Development (Pvt) Ltd, has won a case in which it petitioned the High Court for an order to evict Warren Hills Golf Club from its Warren Park premises.
The ruling follows refusal by the golf club to pay rentals.
A full judgement was not readily available but lawyers representing Sunshine Development confirmed the victory.
Warren Hills Golf Club is a voluntary association formed for recreational purposes.
Augur Investments, owned by prominent property developer Ken Sharpe, is set to inject over US$100 million, setting up a one-stop village at the golf course
The lawyers said High Court Judge Justice Ndlovu ordered the golf club to immediately vacate the premises and to also clear outstanding rental arrears plus interest.
Sunshine Development in its draft order demanded evacuation of the club and all its occupants.
In the declaration filed alongside the summons, the property developer said it was the owner of stand number 8113 Warren Park Township of Warren Park, Harare by virtue of deed of transfer 1027483/2008 issued to it by the Registrar of Deeds on September 26, 2008, the very place where the association operates its golf club.
The property developer also said Warren Hills Golf Club has been in occupation of the premises by virtue of a lease agreement between it and City of Harare, the previous owner of the land, which expired on April 30, 2019.
Court was further told that from April 30, 2019 to date, defendant holds no valid lease with Sunshine Development and has spurned all efforts by the plaintiff to sign a lease and has not been paying any rentals.
The draft order sought, “ejectment of the Defendant and all those claiming occupation through it from Stand Number 8113 Warren Park Township of Warren Park, Harare arising from its unlawful occupation of the premises.
“Payment of holding over damages in the base sum of US$460.00 per month payable at the equivalent auction rate applicable as at the date of payment calculated from the date of the unlawful occupation to the date on which the Defendant vacates the premises.”
It also demanded payment of interest on the total holding over damages sum calculated at 5% per annum with effect from the date of summons up to the date of final payment.
According to the summons the property developer said the golf club believed that the land belonged to the City of Harare but it is privately owned.
The developer said despite demands, Warren Hills Golf Club had refused to vacate the property, prejudicing the company of a rental base sum of US$460 per month which is the current monthly rental value of the premises payable in local currency at the equivalent auction rate.